asitrack development has ceased and the project will shut down on May 26th, 2018.

END USER LICENSE AGREEMENT

THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND THE LICENSOR. IT PROVIDES A LICENSE TO USE THIS SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU ARE INDICATING YOUR ASSENT TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE, DISCONTINUE ITS USE IMMEDIATELY AND DESTROY ALL COPIES IN YOUR POSSESION.

 

1. DEFINITIONS

a) “You” or “your” as used herein means the person, company or entity who is being licensed to use the Software, as defined below.

b) “Software” means the executable code of asitrack, additional tools, libraries, data files, any updates or error corrections provided by Licensor, any user manuals, guides, printed materials, on-line or electronic documentation. To be clear, any add-ons, plug-ins, APIs or other code offered by third parties or created by You are not “Software” and Licensor is not responsible for and does not offer any warranty, indemnity or support for those items.

c) “License Key” means registration information issued to you by Licensor to activate and use the Software.

d) “Named User” is an individual authorized by You to use the Software through the assignment of a single user ID, regardless of whether or not the individual is using the Software at any given time. A non-human operated device is counted as a User in addition to all individuals authorized to use the Software, if such device can access the Software.

e) “Licensor” as used herein means Cosmin Pirvu which is the only copyright holder for asitrack Software and is the only entity which can grant asitrack Software licenses.

f) “Maintenance Plan” is a time-limited privilege to access technical support and Software updates and upgrades only if Licensor is able to provide them. This privilege is automatically revoked on the termination of this agreement under the terms provided herein. Technical support only covers issues or questions resulting directly out of the operation of the Software. Licensor will not provide you with generic consultation, assistance, or advice under any other circumstances.

g) “Lifetime Maintenance” is a Maintenance Plan as defined in this agreement which is time-limited to 99 years from the moment it is issued to you or provided to you for the first time by Licensor or until the moment this agreement is terminated under the terms provided herein, whichever comes first.

 

2. LICENSE GRANTS

2.1 Bootstrapper License. Licensor grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to use the Software for a maximum of 1 (one) Named User, subject to the terms and conditions of this agreement (EULA).

2.1 Startup License. Licensor grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to use the Software for a maximum of 10 (ten) Named Users, subject to the terms and conditions of this agreement (EULA).

2.2 Niche License. Licensor grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to use the Software for a maximum of 25 (twenty-five) Named Users, subject to the terms and conditions of this agreement (EULA).

2.3 Business License. Licensor grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to use the Software for a maximum of 50 (fifty) Named Users, subject to the terms and conditions of this agreement (EULA).

2.4 Enterprise License. Licensor grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to use the Software for a maximum of 200 (two-hundred) Named Users, subject to the terms and conditions of this agreement (EULA).

2.5 Corporate License. Licensor grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to use the Software for an unlimited number of Named Users, subject to the terms and conditions of this agreement (EULA).

2.6 This Software is licensed, not sold. Software licenses are perpetual unless terminated as described in this Agreement.

2.7 While using the Bootstrapper License You have the option of paying a license fee in order to use the Software for a higher number of Named Users. Upon your payment of the license fee, Licensor provides you with registration information (“License key”) and grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to:

a) use the Software on a Named User basis meaning specific individuals are authorized to access the Software and the total number of named users may not exceed the total number licensed by You.

b) copy the Software in machine-readable form solely for archival and backup purposes.

2.8 The terms for Software in this agreement (EULA) apply to any Updates and supplementary software, unless Licensor provides different terms.

 

3. LICENSE RESTRICTIONS

3.1 You shall undertake any necessary steps to protect the License Key against unauthorized use.

3.2 You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

3.3 You may not sell, rent, lease, sub license, transfer, resell for profit or otherwise distribute the Software or any part thereof.

3.4 You may not modify the Software or create derivative works based upon the Software.

3.5 You may not remove or obscure any copyright and trademark notices relating to the Software.

 

4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

4.1 This Agreement gives you limited rights to use the Software. Licensor retains all rights, title and interest in and to the Software and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. All rights not specifically granted in this Agreement, including International Copyrights, are reserved by Licensor. The structure, organization and code of the Software are valuable trade secrets and confidential information of Licensor.

 

5. LIMITATION OF LIABILITY

5.1 Licensor’s cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Licensor for use of the Software.

5.2 Licensor shall be relieved of any and all obligations for any portions of the software that are revised, changed, modified, or maintained by anyone other than Licensor.

 

6. PATENT AND COPYRIGHT INDEMNITY

6.1 Licensor represents and warrants that the Software shall not infringe or misappropriate any copyrights, patents, trade secret rights, trademarks and other intellectual property rights.

6.2 In the event the Software is found to infringe, Licensor will have the option, at its expense, to

a) modify the Software to cause it to become non-infringing;

b) substitute the Software with other Software reasonably suitable to You, or

c) if none of the foregoing remedies are commercially feasible, terminate the license for the infringing Software and refund any license fees paid for the Software.

6.3 Licensor will have no liability for any claim of infringement based on

a) code contained within the Software which was not created by Licensor;

b) use of a superseded or altered release of the Software, except for such alteration(s) or modification(s) which have been made by Licensor or under Licensor’s direction, if such infringement would have been avoided by the use of a current, unaltered release of the Software that Licensor provides to You, or

c) the combination, operation, or use of any Software furnished under this Agreement with programs or data not furnished by Licensor if such infringement would have been avoided by the use of the Software without such programs or data.

 

7. LIMITED WARRANTIES

7.1 THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. LICENSOR MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTSOBTAINED FROM THE SOFTWARE. LICENSOR MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. IN PARTICULAR, THE SOFTWARE IS NOT DESIGNED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES.

7.2 Licensor warrants that it holds the proper rights allowing it to license the Software and is not currently aware of any actions that may affect its rights to do so.

7.3 Licensor cannot guarantee that the Software will work at all times. If you change your operating system, the software may not work anymore. You acknowledge and agree that such changes are fair and reasonable.

7.4 You should make sure that it is legal to use the Software in your country or jurisdiction. Licensor only provides a license for You to use the software. It is Your responsibility to make sure that You are allowed to use the Software.

7.5 Licensor reserves the right at any time to cease the support of the Software and to alter prospectively the prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.

 

8. MAINTENANCE PLAN

8.1 A maintenance plan which has not reached its expiration date gives you the privilege to access Software updates and upgrades which are released before the maintenance plan expiration date. Any update or upgrade for Software released after the maintenance plan expiration date cannot be used with the license associated with that maintenance plan.

8.2 A maintenance plan which has not reached its expiration date gives you the privilege to access technical support for Software provided only by Licensor under the terms of this agreement. After your maintenance plan reaches its expiration date your privilege to access technical support services for Software is revoked.

8.3 The privileges offered to you under the terms of a maintenance plan which has not reached its expiration date do not bind or force Licensor to provide technical support for Software or to issue Software updates and upgrade. These privileges provide access to technical support for Software and Software updates and upgrades only if Licensor is able to offer them. If Licensor is no longer able to offer technical support for Software or Software updates and upgrades, Licensor will immediately stop issuing maintenance plans and remove them from the Software website. However, the maintenance plan issued to you by Licensor remains valid and will give you access to the maintenance privileges offered by Licensor if and when Licensor will be able to offer them again in the future.

8.4 Lifetime Maintenance is a maintenance plan as defined by the terms of this agreement. Lifetime Maintenance gives you access to technical support for Software and new Software updates and upgrades as long as Licensor is able to provide them, within the time limit defined for Lifetime Maintenance in this agreement. Lifetime Maintenance does not bind or force Licensor to provide technical support for Software or to issue Software updates and upgrades. If Licensor is no longer able to provide technical support for Software or new Software updates and upgrades, Licensor will immediately stop issuing Lifetime Maintenance and remove it from the Software website. However, the Lifetime Maintenance issued to you by Licensor remains valid and will give you access to the maintenance privileges offered by Licensor if and when Licensor will be able to offer them again in the future.

8.5 At any time prior to the expiration of your Maintenance Plan, you may purchase an extension to the current Maintenance Plan. This additional Maintenance Plan will extend the availability of your current Maintenance Plan for a period of time beginning with the date when your Maintenance Plan expires.

8.6 If you do not purchase any additional Maintenance Plan, you will still have the right to use the existing Software but you will lose the privilege to technical support and Software updates and upgrades as of the date your current Maintenance Plan expires.

8.7 For customers that purchase or already own multiple licenses, a Maintenance Plan must be purchased for each license.

8.8 Technical support is provided via electronic mail at the address specified on the Software web site. Licensor will use its best efforts to provide you with technical support within forty-eight (48) business hours of your request. However, Licensor does not guarantee any specific minimum time period for providing technical support to you. Please check our website to find our latest contact information.

8.9 Licensor reserves the right to provide to you or other licensees Software licenses which do not require a maintenance plan for Software updates and upgrades or for technical support. This right does not bind or force Licensor to provide this type of licenses to you. Licensor reserves the right to issue this type of licenses on a case by case basis.

 

9. SUPPORT

9.1 Except as provided herein, support for the Software is provided to you free of charge while your current Maintenance Plan is valid. If Licensor discontinues any version of the Software, Licensor reserves the right to limit or cease product support and updates for such discontinued version. Licensor reserves the right to discontinue free support with thirty (30) days written notice posted to the Licensor or the Software web site.

 

10. HIGH RISK ACTIVITIES

10.1 The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

 

11. THIRD PARTY SOFTWARE

11.1 This Software contains third party software. By accepting this EULA, You are also accepting the additional terms and conditions with respect to such software, if any, forth herein.

11.2 Portions of this Software use the SQLite database engine which belongs to the Public Domain. For more information, please visit: http://www.sqlite.org

 

12. INDEMNIFICATION

12.1 You will indemnify, defend and hold harmless Licensor from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to:

a) any breach by You (including any Named Users) of this Agreement

b) any of your Data

c) any of your combinations with a product or any service in connection with or related to Software

d) any uncontrolled systems

e) any representations or warranties made by You (including any Named User) regarding the Software to third parties.

This indemnification obligation is subject to You receiving:

i) prompt written notice of such claim (but in any event notice in sufficient time for You to respond without prejudice);

ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim, provided that Licensor may participate in the claim at its own expense and You may not settle any claim without Licensor’s prior written consent;

iii) all reasonable necessary cooperation of Licensor at Your expense.

 

13. PUBLICITY RIGHTS

13.1 Licensor may identify You as a customer in Software promotional material. You may request that Licensor cease identifying You at any time by submitting an email to sales@asitrack.com. Requests may take 30 days to process.

 

14. SEVERABILITY

14.1 If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected.

 

15. GOVERNING LAW

15.1 This Agreement is to be governed by and construed in accordance with the laws and jurisdiction of the defending party. Service of process upon either party shall be valid if served by registered or certified mail, return receipt requested and to the most current address provided by such party. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

 

16. TERMINATION

16.1 Your license to use the Software continues until terminated or the agreed upon period of time passes, whichever comes first. This license will terminate automatically if you fail to comply with any term hereof. No notice shall be required from Licensor to effect such termination. You may also terminate this Agreement at any time by notifying Licensor in writing of termination. On termination, you must destroy all copies of the Software. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.

 

17 ASSIGNMENT

17.1 Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned, or otherwise transferred, in whole or in part, by you, whether voluntary or by operation of law. Any such attempted assignment shall be void and of no effect without the prior written consent of Licensor.

 

18. ENTIRE AGREEMENT

18.1 This Agreement contains the entire agreement between Licensor and You related to the Software and supersedes all prior agreements and understandings, whether oral or written. It may be amended only by a writing executed by both parties.

Copyright (c) 2013 Cosmin Pirvu